Terms of Use
Effective Date: March 23, 2020
SITE SAFETY SOLUTIONS INC. (“SITE SAFETY SOLUTIONS”/ “WE” / “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.SITESAFETYSOLUTIONS.CA(“WEBSITE”) AND THE SITE SAFETY SOLUTIONS APPLICATION (THE “SITE SAFETY SOLUTIONS APP” / “APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE SITE SAFETY SOLUTIONS APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
BY USING THIS WEBSITE AND/OR THE SITE SAFETY SOLUTIONS APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SITE SAFETY SOLUTIONS APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY SITE SAFETY SOLUTIONS FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.
IN ORDER TO USE THE SERVICES, YOU MUST REGISTER WITH US AND PROVIDE CERTAIN INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT.
1. The Service. Site Safety Solutions provides a workplace health and safety services that seeks to facilitate communications between employers, administrative teams (“Employer Administration”) and supervisors (“Supervisors”) and employees or independent contractors (“Workers”, and together with Supervisors and Employer Administration “Users” / “You”). Users of the services will be able to:
a. Workers and Supervisors can upload all their accreditations, safety certifications and other credentials to the App;
b. Supervisors can fill out digital jobsite checklists, upload project information, create checklists, upload photos of work sites,
c. Workers and Supervisors can store safety documents and photos in the App; with automated instant notifications
d. Supervisors can communicate with their workers through the App; job site hazards, incidents and project information
e. Users can access information and educational resources related to workplace health and safety, which are made available through links to third party websites, such as government websites (collectively, the services in subsections (a)-(e) are the “Services”).
2. Registration. In order to access the Service and start creating or contributing with other users, you must be a registered user and you can use the Service from a personal mobile device if you have downloaded the Site Safety Solutions App. In order to register for the Services, you must be at least [eighteen (18)] years old, and you must be working for a company who has purchased a license for the App and Services. Your employer is responsible for ensuring that you have access to the App. You will be required to submit certain personal information when registering, and we will treat all personal information you supply to us in accordance with the terms of our Privacy Policy, which you should read carefully. When you register you will be required to create a username and password. Please choose a strong username and password, and keep them in a safe and secure location. You are responsible for all of the activity occurring on your account. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account or use. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security.
3. “Work Alone” Services. We provide the Work Alone (“Work Alone”) feature as part of the Services. If the Work Alone feature is on, Supervisors can track the status of Workers who are working alone, without any co-workers or supervision to ensure the Worker arrives at the job site and to ensure that the Worker is safe. In order to use the Work Alone feature, Workers must give the Site Safety Solutions App permission to access their location data through the settings on the Worker’s mobile device.
4. Messaging Services. Only Supervisors and Employer Administration can send messages to other Users. These communications are one-way communications and Workers and other Users will not be able to reply to any communications received from Supervisors and Employer Administration. Individual Workers will not be able to send messages to other Users of the App and Services.
5. Content. All information, data, text, software, sound, photographs, graphics, video, messages or other materials transmitted to the Website or App by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not Site Safety Solutions, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Site Safety Solutions does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Site Safety Solutions be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
6. User Conduct. In using the Services, you agree that you will:
a. Provide accurate information when registering and keep such information up to date;
b. keep your user login details and access to the Website secure;
c. To the extent that you engage with other Users, you agree to treat the other Users of the Services with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties, or do anything that breaches the guidelines in section 5 below. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 5 below;
d. comply with these terms and all applicable laws and regulations at all time during Engagements and during other dealings with Site Safety Solutions.
7. Restrictions on User Content and Use of the Service. Site Safety Solutions reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Website, Site Safety Solutions App and/or Service You shall not:
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
e. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
f. collect or store personal data about other users or viewers;
g. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Site Safety Solutions App;
h. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site Safety Solutions App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
Without limiting any other remedy that may be available to us pursuant to these Terms of Use, Site Safety Solution retains the right to restrict, suspend, limit, or terminate entirely, your access to the Website, Site Safety Solutions App or Services if we become aware, or have reasonable cause to believe that you are violating any of the terms in section 4 or section 5 of these Terms of Use.
License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license to use, copy, modify, transmit, display and distribute such User Content. Site Safety Solutions will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
End User License. Except for User Content, the Site Safety Solutions App, this Website, and the information and materials that it contains, are the property of Site Safety Solutions and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Site Safety Solutions grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The Site Safety Solutions App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Site Safety Solutions or Site Safety Solutions names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or Site Safety Solutions App shall be subject to the terms of these Terms.
8. Feedback. If You provide Site Safety Solutions with any suggestions, comments or other feedback relating to any aspect of the Website, Site Safety Solutions App and/or Service ("Feedback"), Site Safety Solutions may use such Feedback in the Website or in any other Site Safety Solutions products or services (collectively, "Site Safety Solutions Offerings"). Accordingly, You agree that: (a) Site Safety Solutions is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Site Safety Solutions, (c) Site Safety Solutions (including all of its successors and assigns and any successors and assigns of any of the Site Safety Solutions Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Site Safety Solutions Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Site Safety Solutions or any of the other users of the Website in respect of the Feedback.
9. Links & Third-Party Websites. As a feature of the Services, we provide links to third party website that provide information and education about work place health and safety. These links and websites are not owned or controlled by Site Safety Solutions. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Site Safety Solutions of that third party, third party product or service. Site Safety Solutions is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website and/or App are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or in the App of a link to any other website(s) does not imply that Site Safety Solutions endorses or accepts any responsibility for the content or use of such websites, and You hereby release Site Safety Solutions from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
10. App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you obtain a copy of the App from the Apple App Store, iTunes or Google Play (“App Stores”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 12, the more restrictive or conflicting terms and conditions in this Section 12 shall apply, but solely with respect to the Site Safety Solutions App obtained from the Application Store which is owned or operated by a third-party provider (the “App Store Owner”). You acknowledge and agree that:
a) This Agreement is concluded solely between Site Safety Solutions and You and not with the App Store Owner, and Site Safety Solutions, not the App Store Owner, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the Site Safety Solutions App which are less restrictive or in conflict with the App Store Terms of Service, the more restrictive or conflicting The Application Store Owner term will take precedence and will apply;
b) The App Store Owner has no obligation whatsoever to provide any maintenance and support services with respect to the Site Safety Solutions App. Site Safety Solutions is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify The App Store Owner, and The App Store Owner will refund the purchase price for the App to You and to the maximum extent permitted by applicable law. The App Store Owner will have no other warranty obligation whatsoever with respect to the Site Safety Solutions App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Site Safety Solutions’ sole responsibility;
c) Site Safety Solutions, not the App Store Owner, is responsible for addressing any claims of you or any third party relating to the Site Safety Solutions App or your possession and/or use of the Site Safety Solutions App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
d) The App Store Owner, and The App Store Owner’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, The App Store Owner will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Services Disclaimer. The Site Safety Solutions App, Website and Services are intended to provide Users with tools to promote a safe work environment. We in no way guarantee the effectiveness of the App or Services in promoting a safe work environment. Your use of the Website, App and Services is entirely at your own risk. We strongly encourage you to use your own common sense and discretion before relying on any of the information provided by the App, Website or Services, or any of the information and materials provided by any third-party link accessed through the App, Website and Services. Site Safety Solutions expressly disclaims any and all responsibility or liability for any injury, harm, claim, damage or any other loss experienced by any User as a result of User’s reliance on any information or materials available or made available through the Website, App or Services.
12. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, SITE SAFETY SOLUTIONS APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." SITE SAFETY SOLUTIONS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SITE SAFETY SOLUTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND SITE SAFETY SOLUTIONS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. SITE SAFETY SOLUTIONS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SITE SAFETY SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, SITE SAFETY SOLUTIONS APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SITE SAFETY SOLUTIONS APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF SITE SAFETY SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SITE SAFETY SOLUTIONS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SITE SAFETY SOLUTIONS IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD SITE SAFETY SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
15. Release. Because we do not supervise or control interactions between Users, and because We cannot guarantee the true identity, age, nationality of Users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website, App or Services, You agree that You bear all risk and You agree to release Site Safety Solutions (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the App or Services, Your interactions and transactions with Users, Your third party transactions, and our resolution of any disputes between Employer Administration, Supervisors and Workers. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver
16. Termination. Site Safety Solutions may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Site Safety Solutions (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Site Safety Solutions), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Site Safety Solutions in its sole discretion and that Site Safety Solutions shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Site Safety Solutions shall be in addition to any and all other rights and remedies that Site Safety Solutions may have.
17. Availability & Updates. Site Safety Solutions may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or Site Safety Solutions App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Site Safety Solutions may periodically add or update the information and materials on this Website without notice.
18. Security. Information sent or received over the Internet is generally unsecure and Site Safety Solutions cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Site Safety Solutions will not be liable for any loss or damage arising from your failure to comply with these requirements.
19. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Site Safety Solutions. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Site Safety Solutions to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Site Safety Solutions must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Site Safety Solution’s prior written consent. The parties hereto have requested that this Agreement be drawn up in the English language. Les parties ont exige que le present accord soit redige en langue anglaise. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Site Safety Solutions App or Service, please contact us at: info@sitesafetysolutions.ca
BY USING THIS WEBSITE AND/OR THE SITE SAFETY SOLUTIONS APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SITE SAFETY SOLUTIONS APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY SITE SAFETY SOLUTIONS FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.
IN ORDER TO USE THE SERVICES, YOU MUST REGISTER WITH US AND PROVIDE CERTAIN INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT.
1. The Service. Site Safety Solutions provides a workplace health and safety services that seeks to facilitate communications between employers, administrative teams (“Employer Administration”) and supervisors (“Supervisors”) and employees or independent contractors (“Workers”, and together with Supervisors and Employer Administration “Users” / “You”). Users of the services will be able to:
a. Workers and Supervisors can upload all their accreditations, safety certifications and other credentials to the App;
b. Supervisors can fill out digital jobsite checklists, upload project information, create checklists, upload photos of work sites,
c. Workers and Supervisors can store safety documents and photos in the App; with automated instant notifications
d. Supervisors can communicate with their workers through the App; job site hazards, incidents and project information
e. Users can access information and educational resources related to workplace health and safety, which are made available through links to third party websites, such as government websites (collectively, the services in subsections (a)-(e) are the “Services”).
2. Registration. In order to access the Service and start creating or contributing with other users, you must be a registered user and you can use the Service from a personal mobile device if you have downloaded the Site Safety Solutions App. In order to register for the Services, you must be at least [eighteen (18)] years old, and you must be working for a company who has purchased a license for the App and Services. Your employer is responsible for ensuring that you have access to the App. You will be required to submit certain personal information when registering, and we will treat all personal information you supply to us in accordance with the terms of our Privacy Policy, which you should read carefully. When you register you will be required to create a username and password. Please choose a strong username and password, and keep them in a safe and secure location. You are responsible for all of the activity occurring on your account. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account or use. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security.
3. “Work Alone” Services. We provide the Work Alone (“Work Alone”) feature as part of the Services. If the Work Alone feature is on, Supervisors can track the status of Workers who are working alone, without any co-workers or supervision to ensure the Worker arrives at the job site and to ensure that the Worker is safe. In order to use the Work Alone feature, Workers must give the Site Safety Solutions App permission to access their location data through the settings on the Worker’s mobile device.
4. Messaging Services. Only Supervisors and Employer Administration can send messages to other Users. These communications are one-way communications and Workers and other Users will not be able to reply to any communications received from Supervisors and Employer Administration. Individual Workers will not be able to send messages to other Users of the App and Services.
5. Content. All information, data, text, software, sound, photographs, graphics, video, messages or other materials transmitted to the Website or App by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not Site Safety Solutions, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Site Safety Solutions does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Site Safety Solutions be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
6. User Conduct. In using the Services, you agree that you will:
a. Provide accurate information when registering and keep such information up to date;
b. keep your user login details and access to the Website secure;
c. To the extent that you engage with other Users, you agree to treat the other Users of the Services with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties, or do anything that breaches the guidelines in section 5 below. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 5 below;
d. comply with these terms and all applicable laws and regulations at all time during Engagements and during other dealings with Site Safety Solutions.
7. Restrictions on User Content and Use of the Service. Site Safety Solutions reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Website, Site Safety Solutions App and/or Service You shall not:
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
e. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
f. collect or store personal data about other users or viewers;
g. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Site Safety Solutions App;
h. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site Safety Solutions App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
Without limiting any other remedy that may be available to us pursuant to these Terms of Use, Site Safety Solution retains the right to restrict, suspend, limit, or terminate entirely, your access to the Website, Site Safety Solutions App or Services if we become aware, or have reasonable cause to believe that you are violating any of the terms in section 4 or section 5 of these Terms of Use.
License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license to use, copy, modify, transmit, display and distribute such User Content. Site Safety Solutions will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
End User License. Except for User Content, the Site Safety Solutions App, this Website, and the information and materials that it contains, are the property of Site Safety Solutions and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Site Safety Solutions grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The Site Safety Solutions App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Site Safety Solutions or Site Safety Solutions names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or Site Safety Solutions App shall be subject to the terms of these Terms.
8. Feedback. If You provide Site Safety Solutions with any suggestions, comments or other feedback relating to any aspect of the Website, Site Safety Solutions App and/or Service ("Feedback"), Site Safety Solutions may use such Feedback in the Website or in any other Site Safety Solutions products or services (collectively, "Site Safety Solutions Offerings"). Accordingly, You agree that: (a) Site Safety Solutions is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Site Safety Solutions, (c) Site Safety Solutions (including all of its successors and assigns and any successors and assigns of any of the Site Safety Solutions Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Site Safety Solutions Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Site Safety Solutions or any of the other users of the Website in respect of the Feedback.
9. Links & Third-Party Websites. As a feature of the Services, we provide links to third party website that provide information and education about work place health and safety. These links and websites are not owned or controlled by Site Safety Solutions. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Site Safety Solutions of that third party, third party product or service. Site Safety Solutions is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website and/or App are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or in the App of a link to any other website(s) does not imply that Site Safety Solutions endorses or accepts any responsibility for the content or use of such websites, and You hereby release Site Safety Solutions from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
10. App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you obtain a copy of the App from the Apple App Store, iTunes or Google Play (“App Stores”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 12, the more restrictive or conflicting terms and conditions in this Section 12 shall apply, but solely with respect to the Site Safety Solutions App obtained from the Application Store which is owned or operated by a third-party provider (the “App Store Owner”). You acknowledge and agree that:
a) This Agreement is concluded solely between Site Safety Solutions and You and not with the App Store Owner, and Site Safety Solutions, not the App Store Owner, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the Site Safety Solutions App which are less restrictive or in conflict with the App Store Terms of Service, the more restrictive or conflicting The Application Store Owner term will take precedence and will apply;
b) The App Store Owner has no obligation whatsoever to provide any maintenance and support services with respect to the Site Safety Solutions App. Site Safety Solutions is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify The App Store Owner, and The App Store Owner will refund the purchase price for the App to You and to the maximum extent permitted by applicable law. The App Store Owner will have no other warranty obligation whatsoever with respect to the Site Safety Solutions App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Site Safety Solutions’ sole responsibility;
c) Site Safety Solutions, not the App Store Owner, is responsible for addressing any claims of you or any third party relating to the Site Safety Solutions App or your possession and/or use of the Site Safety Solutions App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
d) The App Store Owner, and The App Store Owner’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, The App Store Owner will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Services Disclaimer. The Site Safety Solutions App, Website and Services are intended to provide Users with tools to promote a safe work environment. We in no way guarantee the effectiveness of the App or Services in promoting a safe work environment. Your use of the Website, App and Services is entirely at your own risk. We strongly encourage you to use your own common sense and discretion before relying on any of the information provided by the App, Website or Services, or any of the information and materials provided by any third-party link accessed through the App, Website and Services. Site Safety Solutions expressly disclaims any and all responsibility or liability for any injury, harm, claim, damage or any other loss experienced by any User as a result of User’s reliance on any information or materials available or made available through the Website, App or Services.
12. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, SITE SAFETY SOLUTIONS APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." SITE SAFETY SOLUTIONS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SITE SAFETY SOLUTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND SITE SAFETY SOLUTIONS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. SITE SAFETY SOLUTIONS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SITE SAFETY SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, SITE SAFETY SOLUTIONS APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SITE SAFETY SOLUTIONS APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF SITE SAFETY SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SITE SAFETY SOLUTIONS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SITE SAFETY SOLUTIONS IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD SITE SAFETY SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
15. Release. Because we do not supervise or control interactions between Users, and because We cannot guarantee the true identity, age, nationality of Users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website, App or Services, You agree that You bear all risk and You agree to release Site Safety Solutions (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the App or Services, Your interactions and transactions with Users, Your third party transactions, and our resolution of any disputes between Employer Administration, Supervisors and Workers. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver
16. Termination. Site Safety Solutions may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Site Safety Solutions (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Site Safety Solutions), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Site Safety Solutions in its sole discretion and that Site Safety Solutions shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Site Safety Solutions shall be in addition to any and all other rights and remedies that Site Safety Solutions may have.
17. Availability & Updates. Site Safety Solutions may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or Site Safety Solutions App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Site Safety Solutions may periodically add or update the information and materials on this Website without notice.
18. Security. Information sent or received over the Internet is generally unsecure and Site Safety Solutions cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Site Safety Solutions will not be liable for any loss or damage arising from your failure to comply with these requirements.
19. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Site Safety Solutions. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Site Safety Solutions to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Site Safety Solutions must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Site Safety Solution’s prior written consent. The parties hereto have requested that this Agreement be drawn up in the English language. Les parties ont exige que le present accord soit redige en langue anglaise. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Site Safety Solutions App or Service, please contact us at: info@sitesafetysolutions.ca